If the customer’s journey involves an Ultimate ticketed Destination or stop in a country other than the country of departure, American’s liability for death or personal injury and for loss of or damage to Baggage may be governed by the Warsaw Convention or the Montreal Convention. In such cases, the following terms, which are prescribed by the U.S. Department of Transportation, will apply:
The Carrier shall be liable under Article 17 of the Warsaw Convention or Montreal Convention, whichever may apply, for recoverable compensatory damages sustained in the case of death or bodily injury of a Passenger, as provided in the following paragraphs:
The Carrier shall not be able to exclude or limit its liability for damages not exceeding 113,100 Special Drawing Rights for each Passenger.
The Carrier shall not be liable for damages to the extent that they exceed 113,100 Special Drawing Rights for each Passenger if the Carrier proves that:
such damage was not due to the negligence or other wrongful act or omission of the Carrier or its servants or agents; or
such damage was solely due to the negligence or other wrongful act or omission of a third party.
The Carrier reserves all other defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply, to such claims including, but not limited to, the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention, except that the Carrier shall not invoke Articles 20 of the Montreal Convention and 21 of the Warsaw Convention in a manner inconsistent with paragraphs (1) and (2) hereof. With respect to third parties, the Carrier reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity.
The Carrier agrees that, subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the laws of the country of the domicile or country of permanent residence of the Passenger.
In cases of bodily injury or death, the Carrier shall make an advance payment where the Carrier determines it is necessary to meet the immediate economic needs of, and hardship suffered by, a Passenger as provided in the following paragraphs:
Unless a dispute arises over the identity of the person to whom an advance payment shall be made, the Carrier shall, without delay, make the advance payment to the Passenger in an amount or amounts determined by the Carrier in its sole discretion. In the event of death of a Passenger, the amount of the advance payment shall not be less than 16,000 Special Drawing Rights, which shall be paid to a representative of the Passenger’s next of kin eligible to receive such advance payment as determined by the Carrier in its sole discretion.
The Carrier shall make the advance payment as an advance against the Carrier’s liability under the Warsaw Convention, or the Montreal Convention, whichever may apply. An advance payment shall not constitute recognition of liability. An advance payment shall be offset against, or deducted from the payment of, any settlement or judgment with respect to any claim for compensation on behalf of the Passenger.
The Carrier, in making an advance payment, does not waive any rights, defenses, or limitations available under the Warsaw Convention, or the Montreal Convention, whichever may apply, to any claim on behalf of the Passenger, nor shall acceptance of an advance payment constitute a release of any claim, whatsoever, by any person.
The Carrier shall be liable for damage occasioned by delay in the Carriage of Passengers by air, as provided in the following paragraphs:
The Carrier shall not be liable if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage, or that it was impossible for it or them to take such measures.
Airport, air traffic control, security, and other facilities or personnel, whether public or private, not under the control and direction of the Carrier are not servants or agents of the Carrier, and the Carrier is not liable to the extent the delay is caused by these kinds of facilities or personnel.
Damages occasioned by delay are subject to the terms, limitations and defenses set forth in the Warsaw Convention and the Montreal Convention, whichever may apply. They include foreseeable compensatory damages sustained by a Passenger and do not include mental injury damages.
The Carrier reserves all defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply to claims for damage occasioned by delay.
The Carrier is liable for damages sustained in the case of destruction or loss of, damage to, or delay of Checked Baggage and Unchecked Baggage, as provided in the following paragraphs.
Except as provided below, the liability of the Carrier is limited in most cases to 1,288 Special Drawing Rights for each Passenger in the case of destruction, loss, damage, or delay of Baggage, whether checked or unchecked, under the Warsaw Convention or the Montreal Convention, whichever may apply. Unless the Passenger proves otherwise.
All Baggage checked by a Passenger shall be considered to be the property of that Passenger.
A particular piece of Baggage, checked or unchecked, shall not be considered to be the property of more than one Passenger.
Unchecked Baggage, including personal items, shall be considered to be the property of the Passenger in possession of the Baggage at the time of embarkation.
If a Passenger makes, at the time Checked Baggage is handed to the Carrier, a special declaration of interest and has paid a supplementary sum, if applicable, the Carrier will be liable for destruction, loss, damage, or delay of such Checked Baggage in an amount not exceeding the declared amount, unless the Carrier proves that the declared amount is greater than the Passenger’s actual interest in delivery at Destination. The declared amount, and the Carrier’s liability, shall not exceed the total amount of declaration permissible under the Carrier’s regulations, inclusive of the limitation of paragraph D.(1) hereof. In the case of transportation under the Warsaw Convention, no supplementary sum shall apply unless the declared amount exceeds 17 Special Drawing Rights per kilogram of the total recorded weight of the Checked Baggage at the time the Baggage is handed to the Carrier. Nevertheless, the Carrier may impose charges for pieces of Baggage in excess of the Carrier’s free allowance.
In the case of Unchecked Baggage, the Carrier is liable only to the extent the damage resulted from its fault, or that of its servants or agents.
The Carrier is not liable for destruction, loss, damage, or delay of Baggage not in the charge of the Carrier, including Baggage undergoing security inspections or measures not under the control and direction of the Carrier.
The Carrier reserves all defenses and limitations available under the Warsaw Convention, except for Article 22(3) thereof, and the Montreal Convention, whichever may be applicable, to such claims.
Under the Warsaw Convention and the Montreal Convention, whichever may apply, an action for damages must be brought within two (2) years, and a complaint must be made to the Carrier within seven (7) calendar days in the case of damage to Baggage, and twenty-one (21) calendar days in the case of delay thereof.
Any exclusion or limitation of liability of Carrier under these Conditions of Carriage or the Ticket shall apply to agents, servants, or representatives of the Carrier acting within the scope of their employment and also to any person whose aircraft is used by the Carrier and its agents, servants or representatives acting within the scope of their employment.
Carrier shall not be liable for any loss, damage, or delay of any nature resulting from the transportation and/or delivery of Checked Baggage, to the extent that it resulted from the inherent defect, quality or vice of the Baggage, or in the case of delay, that the Carrier, its agents and servants took reasonable measures to avoid the damage, or that it was impossible to take such measures.